Fixed NSW Property Trust™

The Fixed NSW Property Trust™ exclusively designed with New South Wales property investors in mind

It is critical for any investment to be held in the optimum structure taking into account the needs for asset protection, estate planning, complexity, flexibility and stakeholders.The Fixed NSW Property Trust™ provides property investors in New South Wales with benefits in relation to land tax over other structures, where flexibility is not a primary requirement.

A unit is a portion of the trust, which gives the holder the right to a fixed proportion of the trust income. Income is distributed via the units to the individual (and or other entity). Beneficial ownership is determined by the amount of units held by a person. Units can be sold to other people, entitling them to the profits or capital of the trust. Fixed NSW Property Trusts are very useful, especially for investors because different types of units can be issued. In simple terms (not legal) it is like having shares in a company. The Fixed NSW Property Trust™ in New South Wales has available the land tax threshold for that state. Due to the nature of the structure there is no real asset protection, which may leave the unit holder exposed in the event of successful litigation where the property could be sold.

Features & Benefits

Fixed NSW Property Trusts offer many advantages to property investors in New South Wales:

Land tax threshold in New South Wales.

A unit is a portion of the trust, which gives the holder the right to a fixed proportion of the trust income. In simple terms (not legal) it’s like having shares in a company.

Profits and income are distributed via the units to the individual (and or other entity).

Beneficial ownership is determined by the amount of units held by a person.

Units can be sold to other people, entitling them to the profits or capital of the trust.

Fixed NSW Property Trusts are very useful, especially for investors because different types of units can be issued.

Use of this Fixed NSW Property Trust™ would be when:

You wish to work with other parties but have specific allocations between people

In New South Wales only the trust acts as a fixed trust if land tax threshold is required.

Please note that since capital entitlements must be allocated (no discretion) then asset protection would normally be lost.

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Chan & Naylor is Australia’s leading property and business tax accounting, finance and wealth advisory group.

We’ve been awarded Financial Planning practice of the year for five consecutive years running since 2011. We were also ranked by Business Review Weekly (BRW) as the 39th in BRW’s Top 100 Accounting Firms 2013 – up from 47th position in 2012 – as well as Australia’s ‘Fastest Growing Accounting Firm in 2007, 2008 and 2013.